ADMISSIONS, in evidence. Concessions by a party of the existence of certain
facts. The term admission is usually applied to civil transactions, and to
matters of fact in criminal cases, where there is no criminal intent the
term confession, (q.v.) is generally considered as an admission of guilt.
2. An admission is the testimony which the party admitting bears to the
truth of a fact against himself. It is a voluntary act,which he acknowledges
as true the fact in dispute. [An admission and consent are, in fact, one and
the same thing, unless indeed for more exactness we say, that consent is
given to a present fact or agreement, and admission has reference to au
agreement or a fact anterior for properly speaking, it is not the admission
which forms a contract, obligation or engagement, against the party
admitting. The admission is, by its nature, only the proof of a pre-existing
obligation, resulting from the agreement or the fact, the truth of which is
acknowledged. There is still another remarkable difference between
admission and consent: the first is always free in its origin, the latter,
always morally forced. I may refuse to consent to a proposition made to me,
abstain from a fact or an action which would subject me to an obligation ;
but once my consent is given, or the action committed, I am no longer at
liberty to deny or refuse either; I am constrained to admit, under the
penalty of dishonor and infamy. But notwithstanding all these differences,
admission is identified with consent, and they are both the manifestation of
the will. These admissions are generally evidence of those facts, when the
admissions themselves are proved.]
3. The admissibility and effect of evidence of this description will be
considered generally, with respect to the nature and manner, of the
admission itself and, secondly, with respect to the parties to be affected
by it.
4. In the first place, as to the nature and manner of the admission; it
is either made with a view to evidence; or, with a view to induce others to
act upon the representation; or, it is an unconnected or casual
representation.
5.-1. As an instance of admission made with a view to evidence may be
mentioned the case where a party has solemnly admitted a fact under his hand
and seal, in which case he is, estopped, not only from disputing the deed
itself, but every fact which it recites. B. N. P. 298; 1 Salk. 186; Com.
Dig. Estoppel, B 5; Stark. Ev. pt. 4, p. 3 1.
6.-2. Instances of thing second class of admissions which have
induced others to act upon them are those where a man has cohabited with a
woman, and treated her in the front of the world as his wife, 2 Esp. 637; or
where he has held himself out to the world in a particular character; Ib. 1
Camp. 245 ; he cannot in the one case deny her to be his Wife when sued by a
creditor who has supplied her with goods as such, nor in the other can he
divest himself of the character be has assumed.
7.-3. Where the admission or declaration is not direct to the
question pending, although admissible, it is not in general conclusive
evidence; and though a party may by falsifying his former declaration, show
that he has acted illegally and immorally, yet if he is not guilty of any
breach of good faith in the existing transaction, and has not induced
others, to act upon his admission or declaration, nor derived any benefit
from it against his adversary, be is not bound by it. The evidence in such
cases is merely presumptive, and liable to be rebutted.
8. Secondly, with respect to the parties to be affected by it. 1. By a
party to a suit, 1 Phil. Ev. 74; 7 T. R. 563; 1 Dall. 65. The admissions of
the party really interested, although he is no party to the suit, are
evidence. 1 Wils. 257.
9.-2. The admissions of a partner during the existence of a
partnership, are evidence against both. 1 Taunt. 104; Peake's C. 203 1
Stark. C. 81. See 10 Johns. R. 66 Ib. 216; 1 M. & Selw. 249. As to
admissions made after the dissolution. of the partnership, see 3 Johns. R.
536; 15 Johns. R. 424 1 Marsh. (Kentucky) R. 189. According to the English
decisions, it seems, the admissions of one partner, after the dissolution,
have been holden to bind the other partner; this rule has been partially
changed by act of parliament. Colly. on Part. 282; Stat. 9 Geo. IV. c. 14,
(May 9, 1828.) In the Supreme Court of the United States, a rule, the
reverse of the English, has been adopted, mainly on the ground, that the
admission is a new contract or promise, springing out of, and supported by
the original consideration. 1 Pet. R. 351; 2 M'Lean, 87. The state courts
have varied in their decisions some have adopted the English rule; and, in
others it has been overruled. 2 Bouv. Inst. ii. 1517; Story, Partn. Sec.
324; 3 Kent, Com. Lect. 43, p. 49, 4th ed.; 17 S. & R. 126; 15 Johns. R.
409; 9 Cowen, R. 422; 4 Paige, R. 17; 11 Pick. R. 400; 7 Yerg. R. 534.
10.-3. By one of several persons who have a community of interest.
Stark, Ev. pt. 4, p. 47; 3 Serg. & R. 9.
11.-4. By an agent, 1 Phil. Ev. 77-82 3 Paley Ag. 203-207.
12.-5. By an attorney, 4 Camp. 133; by wife, Paley, Ag. 139, n. 2
Whart.Dig. tit. Evidence, 0 7 T. R. 112 ; Nott & M'C. 374.
13. Admissions are express or implied. An express admission is one made
in direct terms. An admission may be implied from the silence of the party,
and may be presumed. As for instance, when the existence of the debt, or of
the particular right, has been asserted in his presence, and he has not
contradicted it. And an acquiescence and endurance, when acts are done by
another, which if wrongfully done, are encroachments, and call for
resistance and opposition, are evidence, as a tacit admission that such acts
could not be legally resisted. See 2 Stark. C. 471. See, generally, Stark.
Ev. part 4, tit. Admissions; 1 Phil. Ev. part 1, c. 5, s. 4; 1 Greenl. Ev.
Sec. 169-212; 2 Evans' Pothier, 319; 8 East, 549, ii. 1; Com. Dig.
Testemoigne, Addenda, vol. 7, p. 434; Vin. Abr. Evidence, A, b. 2, A, b. 23
Ib. Confessions; this Dict. tit. Confessions, Examination; Bac. Abr.
Evidence L.; Toullier, Droit, Civil Francais, tome 10, p. 375, 450; 3 Bouv.
Inst. n. 3073.
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ADMISSIONS. in pleading. Where one party means to take advantage of, or rely
upon some matter alleged by his adversary, and to make it part of his case,
he ought to admit such matter in his own pleadings; as if either party
states the title under which his adversary claims, in which instances it,is
directly opposite in its nature to a protestation. See Prote stando. But
where the party wishes to prevent the application of his pleading to some
matter contained in the pleading of his adversary, and therefore makes an
express admission of such matter (which is sometimes the case,) in order to
exclude it from the issue taken or the like, it is somewhat similar in
operation and effect, to a protestation.
2. The usual mode of making an express admission in pleading, is, after
saying that the plaintiff ought not to have or maintain his action, &c., to
proceed thus, "Because he says that although it be true that" &c. repeating
such of the allegations of the adverse party as are meant to be admitted.
Express admissions are only matters of fact alleged in the pleadings; it
never being necessary expressly to admit their legal sufficiency, which is
always taken for granted, unless some objection be made to them. Lawes' Civ.
Pl. 143, 144. See 1 Chit Pl. 600; Archb. Civ. Pl. 215.
3. In chancery pleadings, admissions are said to be plenary and
partial. They are plenary by force of terms not only when the answer runs
in this form, "the defendant admits it to be true," but also when he simply
asserts, and generally speaking, when be says, that "he has been informed,
and believes it to be true," without adding a qualification such as, "that
he does not know it of his own knowledge to be so, and therefore does not
admit the same." Partial admissions are those which are delivered in terms
of uncertainty, mixed up as they frequently are, with explanatory or
qualifying circumstances.
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